FOK PO NAM v. HSBC TRUSTEE (HONG KONG) LTD

FOK PO NAM v. HSBC TRUSTEE (HONG KONG) LTD

Po Nam, on his own evidence, had no interest in the deceased's estate and therefore lacked locus standi to enter and maintain the caveat or to pursue the summons for directions; the court struck out his appearance and the caveat and dismissed the summons because the relief sought concerned administration matters not proper to determine in these probate proceedings.

Citation
[2018] HKCFI 1
Parties
Caveator: Fok Po Nam; Person Warning: HSBC Trustee (Hong Kong) Ltd; Deceased: Fok Po Tun Ferdinand
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 January 2018
Case Number
HCCA3844/2017
Procedural Posture
Probate (non Contentious) / Summons for Directions (decision)
Outcome
Summons for Directions dismissed; Appearance struck out; Caveat struck out; Costs awarded to Person Warning
Legal Topics
Caveat, Locus Standi, Probate Vs Administration, Warning Notice, Prohibition Against Intermeddling (s60 J)
Source Language
EN
Probate Succession Civil Procedure Caveat Locus Standi Probate Vs Administration Warning Notice Prohibition Against Intermeddling (s60 J)

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Parties

Fok Po Nam

Caveator

HSBC Trustee (Hong Kong) Ltd

Person Warning

Fok Po Tun Ferdinand

Deceased

Procedural Posture

Probate (non Contentious) / Summons for Directions (decision)

Legal Issues

  1. 1 Whether a person must have an interest in the estate to enter a caveat
  2. 2 Whether the caveator had locus standi to maintain the caveat and issue a summons for directions
  3. 3 Whether the court should order inspection/inventory of the deceased's residence and assets prior to grant

Ratio Decidendi

Po Nam, on his own evidence, had no interest in the deceased's estate and therefore lacked locus standi to enter and maintain the caveat or to pursue the summons for directions; the court struck out his appearance and the caveat and dismissed the summons because the relief sought concerned administration matters not proper to determine in these probate proceedings.

Court Disposition

Summons for Directions dismissed; Appearance struck out; Caveat struck out; Costs awarded to Person Warning

Orders

  • Summons for directions dismissed with costs to the Person Warning to be taxed if not agreed
  • The Appearance to Warning entered by the Caveator is struck out